Legal fictions in practice and legal science

From inside the book

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Page 46The logical conclusion to which legal positivism (the imperative theory) leads is
that of negating the existence of subjective rights. This is explained by Karl
Olivecrona: "There is no place for [the traditional concept of a right] in the system
based ...

Page 162Pierre Johannes Jeremia Olivier. thought. Although the Canonists first used the
word fiction in connection with corporate persons, Bartolus de Saxoferrato can
perhaps be called the father of the fiction theory regarding corporate personality.

Page 163Esser states: "This form of application of the fiction has obtained a dual meaning
in legal science: in legal theory it serves to keep sacrosanct dogma and axioms
apparently intact; in the history of legal development it serves the casuistic ...